lazycis
12-01 02:32 PM
Do you mean the district court asks cis to compensate candidate??? I have never heard this - wondering!!! Don't think its true!
If a party wins a case, the court may order a losing party to compensate all expenses associated with the suit. The relevant law is "Equal Access to Justice Act" (EAJA). However, if government changes position and reverses the denial/acts on an application/MTR before court rules in your favor, it's not possible to recover court-related expenses. Court filing fee in federal civil cases is $350 so the bulk of all expenses is usually attorney's fees.
If a party wins a case, the court may order a losing party to compensate all expenses associated with the suit. The relevant law is "Equal Access to Justice Act" (EAJA). However, if government changes position and reverses the denial/acts on an application/MTR before court rules in your favor, it's not possible to recover court-related expenses. Court filing fee in federal civil cases is $350 so the bulk of all expenses is usually attorney's fees.
wallpaper Heaving Dead Cats
h1b_forever
09-01 08:41 AM
Landed on H1b in 1998, still stuck in the muck
TeddyKoochu
09-07 11:39 AM
I think there is more smartness needed than luck in the greencard process. If you look at the posts in this thread there are some people that came to USA in 1990s and still waiting, while some that came much later are on their way to citizenship. Some got the EB2 route and are happy and some in EB3 have only gloom before them.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it’s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let’s accept that they know how things work. Life is about learning and then What Next? It’s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran’s you give us the motivation to hang on. OP you seem to have started a nice discussion.
This in my opinion has helped smart folks among us:
- They applied for GC as soon as possible. Those who waited did not give importance to Greencard as soon as they started a job in USA are now paying for their mistakes. During the initial days of career I have seen people saying that GC is not important to them etc but when their H1B is about to expire they panic and get desperate for Green Card.
- Before pre-PERM era in 2005, smart folks took up jobs in states where labor certification had no backlog. They are now either waiting for citizenship or already citizens. On the other hand people in states like CA, NY etc suffered due to labor backlogs and far from getting greencard in hand.
- Any company can be good or bad for an individual. It it not a question of consulting vs fortune 500 or small vs big size of a company. Smart folks know what matters them the most when they join a company. When company sees them as a valuable asset, it applies for them. I have seen where company applied for GC as soon as the employee joined it. And I have seen posts where people had to wait for several years before company applied.
- People who took advantage of the Labor substitution got faster labors. Some could take advantage of EB2 labors and they are very fortunate. This is in no way endorsing the labor substitution rule, but in pre 2007 times nobody was protesting against it. This is a sad reality.
- Smart folks took the risk and changed jobs wth EB2 job requirements, so that they can file in EB2. Such folks with 2007 PD are happy today and people with 2003 PDs in EB3 will have to wait for a long time.
- If you read posts on this thread, many people have posted that they feel they are being screwed by their employer or lawyer. But hardly anyone has said they took any action against it. This is also a sad reality where we as a community have failed and will continue to suffer.
- Many folks have said that they thought they were in EB2. But found they are in EB3. This shows another weakness of our community and lack of awareness. IV forum tries to spread the awareness but unless an individual takes initiative, they will suffer.
Many people were able to file I485 in July 2007 due to IV effort. Imagine a 2004 EB3 India person without EAD today? How will he survive a job loss on H1B in a bad economy? We should take a lesson from that event and try for another big push. There is no other shortcut for us. It is shocking to find people on this thread that are in this country for more than 10 years and without a green card. These folks should be the most vocal folks in this effort.
-
Pappu excellent post full of true facts. Being smart in my opinion means being knowledgeable and aware of the current situation at any given point of time rather than being ignorant and indifferent. Most of the time doing some basic research can lead an individual to the right option that is legally consistent and correct, it’s really never too late to correct course. Yes there will be street smart people (Sub labor being one example) who will game the system but besides other things let’s accept that they know how things work. Life is about learning and then What Next? It’s really about continuous improvement and trying to move in the right direction. Not having the desired end result is fine but not doing anything or not trying is bad. Very nice and motivating stories from some of the veteran’s you give us the motivation to hang on. OP you seem to have started a nice discussion.
2011 Funny Cats pics: cats, funny,
eb3_nepa
07-14 01:01 PM
here is my response thru my Bank Onlie pay
Immigration Voice
Immigration Voice
$ 5.00 07/18/2008 7Y9YG-2BT90
Please Help IV to help us
Thanks
Bestofall
PD-EB2 Mar 2005 India
AP-EAD received
Thanks Bestofall. Admins/Moderators, can we have this campaign on the homepage?
Immigration Voice
Immigration Voice
$ 5.00 07/18/2008 7Y9YG-2BT90
Please Help IV to help us
Thanks
Bestofall
PD-EB2 Mar 2005 India
AP-EAD received
Thanks Bestofall. Admins/Moderators, can we have this campaign on the homepage?
more...
imh1b
05-07 02:34 PM
I was able to call 8 offices during my lunch hour yesterday. I also called my local Senator's office. I will try to call more next week.
ItIsNotFunny
10-21 01:16 PM
Yes its a very serious issue. As chandu mentioned earlier more action items are coming soon to fight this. But in the meantime please show your support and your willingness to fight this - if you havnt sent the mail yet, please do it and vote in the poll above. When we started this campaign, I though that at least a few hundred people will come forward easily - now is the time to act.
With you.
With you.
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yoyo12
07-28 09:39 PM
Hi everybody,
I want to know if somebody knows what is going on with Atlanta perm lab center?I applied in Feb 2007 for perm labor and I checked my staus online almost every day.In jUNE 2007 IT SAID ''CERTIFIED''.My lawyer was waiting for the paper in mail..I checked again the status in July 2007and it said ''In progress''.Can somebody explain for me why is like that? What advice do you give me?
Thank you very much....
I want to know if somebody knows what is going on with Atlanta perm lab center?I applied in Feb 2007 for perm labor and I checked my staus online almost every day.In jUNE 2007 IT SAID ''CERTIFIED''.My lawyer was waiting for the paper in mail..I checked again the status in July 2007and it said ''In progress''.Can somebody explain for me why is like that? What advice do you give me?
Thank you very much....
2010 funny pictures cat has a lot
vandanaverdia
09-13 07:16 PM
milind123...
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
U r doing a great job... I am sure we will have many first time contributors get inspired by your fabulous initiative!
GO IV!!!
more...
NNReddy
04-12 03:22 PM
I have read online that S-corp is better than LLC. Is that true?
hair Funny cat photos
rockstart
06-25 08:25 AM
This is what I think America loses due to delay in green card process. I can say this from my own experience. People with advanced degrees in Science and Technology have to keep doing same job to maintain status for 8 - 10 years since changing job / company reset's their GC process. When a guy comes to US for education the average age is around 23 - 24 years. MS completed by 25. Most guys at that time have burning desire to do something new and innovative (either in job or starting own business). But the most fortune 100 companies do not sponsor H1B or GC (Example Raytheon, Toyota, Lexmark .... based on my personal experience as electrical engineer) so you end up compromising with career to maintain status and work for companies that sponsor H1B ( future career prospects take a backseat). Then after 8 - 10 years when you get GC you already are married and possibly kids to look after you are already burnt out and want to keep working in the same desk/ clerical job that you have been doing for so many years. So its a lose lose situation to all neither government gains from the GC (by which they hope to make US a more innovative place) nor the immigrants since by then all they can think is a full time job, home and 401K.
more...
hpandey
04-01 08:13 AM
As Ron Gotcher observed, they are still using DOS ( not department of state ! ) programs .
Well they do process millions of applications - H1's , EAD's , GC's ' I-140 , Labor and so many different kinds of visas and other applications . I must say that they are trying even if they are not succeeding. It is probably due to shortage of manpower and experienced personnel. Another problem is that the money that they get from all the application fees which is a very significant amont ( greater than a billion ) some of it is diverted to other programs rather than hiring more workers for USCIS .
I guess we can only make efforts via rallies and other actions that IV does to make them realize the delays and streamline their process but the ultimate decision will always lie with USCIS unless a big political figure steps in .
Well they do process millions of applications - H1's , EAD's , GC's ' I-140 , Labor and so many different kinds of visas and other applications . I must say that they are trying even if they are not succeeding. It is probably due to shortage of manpower and experienced personnel. Another problem is that the money that they get from all the application fees which is a very significant amont ( greater than a billion ) some of it is diverted to other programs rather than hiring more workers for USCIS .
I guess we can only make efforts via rallies and other actions that IV does to make them realize the delays and streamline their process but the ultimate decision will always lie with USCIS unless a big political figure steps in .
hot Funny Pictures of Cats and
Mouns
04-30 03:56 PM
I am very disappointed. I was hoping for more relevant questions, and more to the point:
Why is it such a mess? What is being done?
It is just all bad. And yet I am current so I shouldn't complain. But man, this system is surely broken.
Good luck to you all.
Why is it such a mess? What is being done?
It is just all bad. And yet I am current so I shouldn't complain. But man, this system is surely broken.
Good luck to you all.
more...
house Funny cats
r_mistry
12-28 09:27 AM
My AP application was filed with NSC on July 24th and online status shows receipt date of september 19th. Have not heard anything yet.
tattoo Funny Cat Pictures
Libra
09-11 10:52 AM
thanks jandyala
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pictures funny-pictures-trombone-
maddipati1
11-19 11:09 PM
This scenarios is for those who used all 6 years on H1 and got H1 extension due to a pending AOS application. they may have EADs too..
Ron Gocher quotes:
"Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."
My interpret...
Rule 1 :
> The max limit for H1 is only 6 years.
> You can only extend H1 beyond 6 years if there is a pending AOS
this means if there is no pending AOS, u r not eligible for H1.
On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)
but surprisingly Ron doesnt use the same logic for EAD too.
> EAD is also given as a temp relief for those who has pending AOS
so if there is no pending AOS, no more EAD too.
he thinks EAD is valid even after AOS valid Denial.
THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,
What is the status of the dude?
Is the status AOS, coz its been denied already...
But again, if the dude's out of status due to AOS denial,
how come CIS allow to file MTR? Coz they know the guy who is
filing MTR is out-of-status due to AOS denial :-)
Its like a software u tested a lot with all kind of scenarios,
but there is one scenario still not tested.
Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.
so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.
thats is why systems need to be re-evaluated in a regular basis.
can this shit be any more tangled.... :-)
Ron Gocher quotes:
"Again, to be clear, my point is that if your AOS is denied, you immediately lose all eligibility for post sixth year extensions of H status. All time spent in H status counts against the six year limit. If you burn up time in H status while you are waiting for an AOS adjudication, you may well make it impossible to go back into H status if your AOS is denied."
My interpret...
Rule 1 :
> The max limit for H1 is only 6 years.
> You can only extend H1 beyond 6 years if there is a pending AOS
this means if there is no pending AOS, u r not eligible for H1.
On thing is clear, if AOS denial is valid, then thats it, no more H1 (after 6yrs)
but surprisingly Ron doesnt use the same logic for EAD too.
> EAD is also given as a temp relief for those who has pending AOS
so if there is no pending AOS, no more EAD too.
he thinks EAD is valid even after AOS valid Denial.
THe BIG QUESTION is, If AOS is wrongly denied and MTR is open,
What is the status of the dude?
Is the status AOS, coz its been denied already...
But again, if the dude's out of status due to AOS denial,
how come CIS allow to file MTR? Coz they know the guy who is
filing MTR is out-of-status due to AOS denial :-)
Its like a software u tested a lot with all kind of scenarios,
but there is one scenario still not tested.
Like in software, the dudes who initially wrote the code and the dudes who initially spcified requirements, are long gone to a different jobs. and after a few years (5,10 etc), a new set of dudes trying to wonder why this scenarios is missed, coz the whole biz process is already changed totally.
so, the dudes who wrote these rules and regulations are long gone and retired. and there are hell lot of things changed afterwards like AC21 etc etc.
thats is why systems need to be re-evaluated in a regular basis.
can this shit be any more tangled.... :-)
dresses LOL Cats Funny Myspace
GCwaitforever
08-02 08:40 PM
I am also interested in helping out. Definitely on weekends.:)
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makeup funny pictures lasers charged
ssunka01
09-05 09:21 PM
I am having a home loan with ICICI. I strongly recommend do not go with ICICI. They are very fast to increase variable APR. If it declines their comment was who are watching a market. In one instance all other banks reduced their VR but not ICICI. When I emailed ,they simple said we will let you know if there any changes but never reduced. In case increasee even before announcement by RBI, they increased my APR. More over If I want to repay earlier they are charging 2% penalty. so I stongly advice do not look ICICI bank for load if you want save some money. They are not right when it comes to loan. I had always difficult to change my address on my A/c
girlfriend funny cats image gallery
sajikg
02-04 12:19 AM
I am from Tennessee..My labor PD is July 2002(regular), was forwarded to Phylly from atlanta regional after recruitement was done. got 45 day letter in feb of 2005. I haven't heard from them since. anyone in the same boat with similar Priority dates?
hairstyles funny pictures of cats with
jonty_11
07-06 01:55 PM
we are indeed a bunch of smart people..I wonder why we cannot achieve more..
please contribute and participat ein Media Drive.
please contribute and participat ein Media Drive.
JunRN
10-03 11:18 PM
I do not believe the 800,000 figure for I-485 alone. It could be a misquote from Aytes. The 800,000 is possibly combination of all immigration related applications such as I-140, 485, 131, 765, etc.
Even during last year when EBs are current, it didn't reach that many applications. I believe Matthew OH is more accurate in saying there's a total of 320,000 I-485 applications.
With that figure, average 2.5 years waiting is in order. But that should not be distributed equally among all countries due to per country limit. I would guess, for India and China, it would be 3 years wait, and for the rest, 2 years.
Even during last year when EBs are current, it didn't reach that many applications. I believe Matthew OH is more accurate in saying there's a total of 320,000 I-485 applications.
With that figure, average 2.5 years waiting is in order. But that should not be distributed equally among all countries due to per country limit. I would guess, for India and China, it would be 3 years wait, and for the rest, 2 years.
mchundi
03-10 12:17 PM
I'm not sure if the IV members were aware of this or not.
The following is from http://www.immigration-law.com/ which in turn is quoting AILA.
"However, the report indicates that the Judiciary Committee is working on a tight schedule as the Senate Majority leader Bill Frist reportedly threatened that unless the Committee completes the Comprehensive Immigration Reform bill by March 27, 2006, he would bypass the Senate Judiciary Committee and attempt to have his own Comprehensive Immigration Reform bill totally focusing on the border security and enforcement issues only passed by the full Senate. It is thus critically important that the Judiciary Committee passes the bill in one form or another by March 27, 2006. Please stay tuned to this website for the breath-taking development. "
The tragedy is liberals who want automatic path to citizenship for the illegal aliens may derail the whole process to embarass the moderates who want quest worker program if they feel their point of view has no takers.
--MC
The following is from http://www.immigration-law.com/ which in turn is quoting AILA.
"However, the report indicates that the Judiciary Committee is working on a tight schedule as the Senate Majority leader Bill Frist reportedly threatened that unless the Committee completes the Comprehensive Immigration Reform bill by March 27, 2006, he would bypass the Senate Judiciary Committee and attempt to have his own Comprehensive Immigration Reform bill totally focusing on the border security and enforcement issues only passed by the full Senate. It is thus critically important that the Judiciary Committee passes the bill in one form or another by March 27, 2006. Please stay tuned to this website for the breath-taking development. "
The tragedy is liberals who want automatic path to citizenship for the illegal aliens may derail the whole process to embarass the moderates who want quest worker program if they feel their point of view has no takers.
--MC
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